Common use of COPYRIGHT AND CONFIDENTIALITY Clause in Contracts

COPYRIGHT AND CONFIDENTIALITY. 10.1 Copyright and property in the Documents prepared or to be prepared by or on behalf of the Consultant or his sub- consultants shall remain vested in the Consultant or his sub-consultants, as the case may be. The Consultant hereby grants with full title guarantee to the Employer an irrevocable, royalty-free, non-exclusive, non-terminable 1. The Consultant shall not be liable for any use of any of the Documents for any purpose other than that for which the Documents were prepared or provided by the Consultant. 10.2 The Consultant hereby undertakes that it will not assert against the Employer or any sub-licensee of the Employer any right which the Consultant may have to be identified as author of any the Documents and the Consultant hereby waives any moral rights it has in the Documents (and if any of the Documents are prepared by any employee, agent or sub-consultant of the Consultant, the Consultant shall obtain a waiver and release of any moral rights in the Documents from such employee) and consents to acts or omissions of the Employer which would without such waiver constitute a breach or infringement of such moral rights. 10.3 The Consultant shall be liable for and shall indemnify the Employer against any and all legally enforceable and reasonably mitigated claims, proceedings, losses, liabilities, damage, costs and/or expenses the Employer may suffer or incur in the event:- (a) that the rights granted by the Consultant pursuant to this clause are at any time determined by a court of law or advised by leading counsel to be invalid, ineffective or impaired in any way; and/or (b) in the event of any claim or proceedings by any third party (whether upheld or not) that the exercise of the rights granted by the Consultant pursuant to this clause infringe the rights of such third party. 10.4 The Consultant shall ensure the back-up and storage in safe custody of the Documents in accordance with good industry practice. 10.5 The Consultant shall supply copies of any Documents to the Employer within 7 days of any reasonable request by the Employer and the Employer shall pay the Consultant’s reasonable copying charges for such copies. 10.6 The Consultant shall not disclose (save where required in the proper course of his duties to the Consultant’s professional advisers or as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority) or otherwise make use of any confidential information which the Consultant has or may come into possession of relating to this Project and this restriction shall continue to apply without limitation in point of time unless and until such information comes properly into the public domain through no fault of the Consultant.

COPYRIGHT AND CONFIDENTIALITY. 10.1 12.1 Copyright and property in the Documents prepared or to be prepared by or on behalf of the Consultant or his sub- consultants Material shall remain vested in the Consultant or his sub-consultantsExhibition Designer, as but the case may be. The Consultant Exhibition Designer hereby grants with full title guarantee to the Employer Client an irrevocable, royalty-free, non-exclusiveexclusive licence to copy and use the Material and to reproduce the designs contained in it for any purpose whatsoever relating to the Exhibition or for any further building which the Client wishes to execute at the Site or other venues including, nonbut without limitation, the construction, completion, reconstruction, reinstatement, modification, extension, maintenance, repair, letting, sale, advertisement or use of the Exhibition . Such licence shall be capable of sub-terminable 1licence and transfer by the Client. The Consultant Exhibition Designer shall not be liable to the Client or any sub licensee or transferee, for any use of any of the Documents Material for any purpose other than that for which the Documents were same was prepared or provided by the ConsultantExhibition Designer. 10.2 12.2 The Consultant hereby undertakes Exhibition Designer agrees and undertakes: (a) that it he will not assert against the Employer Client or any sub-licensee other person, who with the permission of the Employer Client publishes commercially, exhibits in public, films, broadcasts, includes in a cable programme service, photographs or otherwise copies or deals with any image of the Exhibition or any document, drawing or model prepared by the Exhibition Designer in connection with the Exhibition any right which the Consultant Exhibition Designer may have to be identified as author of the same (or any the Documents and the Consultant hereby waives any moral rights it has in the Documents (and if any part thereof) or such document, drawing or model pursuant to Section 77 of the Documents are prepared by Copyright, Designs and Patents Xxx 0000 ("the 1988 Act") or any employee, agent or sub-consultant of other legislation which may supplement the Consultant, the Consultant shall obtain a waiver and release of any moral rights in the Documents from such employee) and consents to acts or omissions of the Employer which would without such waiver constitute a breach or infringement of such moral rights. 10.3 The Consultant shall be liable for and shall indemnify the Employer against any and all legally enforceable and reasonably mitigated claims, proceedings, losses, liabilities, damage, costs and/or expenses the Employer may suffer or incur in the event:- (a) that the rights granted by the Consultant pursuant to this clause are at any time determined by a court of law or advised by leading counsel to be invalid, ineffective or impaired in any way; and/or1988 Act; (b) that he hereby waives any rights he may have pursuant to Section 80 of the 1988 Act or any legislation which may supplement the 1988 Act; (c) that he shall obtain a written waiver of all rights any of his employees, agents or sub- consultants from time to time may have under or pursuant to Chapter IV of the 1988 Act in relation to the event Exhibition or any part thereof of any claim document, drawing or proceedings by model prepared in connection therewith. 12.3 The Contractor shall keep confidential all information connected with the business of the V&A or which comes to the Contractor’s knowledge under or as a result of the Contract and shall not disclose it to any third party (whether upheld or not) that the exercise use it other than for performance of the rights granted by Services except with the Consultant pursuant to this clause infringe the rights of such third party. 10.4 The Consultant shall ensure the back-up and storage in safe custody prior written agreement of the Documents in accordance with good industry practice. 10.5 V&A; or by requirement of law. The Consultant shall supply copies provisions of any Documents to the Employer within 7 days of any reasonable request by the Employer and the Employer shall pay the Consultant’s reasonable copying charges for such copies. 10.6 The Consultant Clause 12.3 shall not disclose (save where required in the proper course of his duties apply to the Consultant’s professional advisers or as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority) or otherwise make use of any confidential information which the Consultant has or may come into possession of relating to this Project and this restriction shall continue to apply without limitation in point of time unless and until such information comes properly into if it is in the public domain through no fault otherwise than by failure of the ConsultantContractor to comply with Clause 12.3; or in the possession of the Contractor before these confidentiality obligations came into effect; or obtained from a third party who is free to disclose the same.

COPYRIGHT AND CONFIDENTIALITY. 10.1 Copyright and property in the Documents prepared or to be prepared by or on behalf of the Consultant or his sub- sub - consultants shall remain vested in the Consultant or his sub-consultantssub -consultants, as the case may be. The Consultant hereby grants with full title guarantee to the Employer an irrevocable, royalty-free, non-exclusive, non-terminable 1. The Consultant shall not be liable for any use of any of the Documents for any purpose other than that for which the Documents were prepared or provided by the Consultant. 10.2 The Consultant hereby undertakes that it will not assert against the Employer or any sub-licensee of the Employer any right which the Consultant may have to be identified as author of any the Documents D ocuments and the Consultant hereby waives any moral rights it has in the Documents (and if any of the Documents are prepared by any employee, agent or sub-consultant of the Consultant, the Consultant shall obtain a waiver and release of any moral rights in the Documents from such employee) and consents to acts or omissions of the Employer which would without such waiver constitute a breach or infringement of such moral rights. 10.3 The Consultant shall be liable for and shall indemnify the Employer against any and all legally enforceable and reasonably mitigated claims, proceedings, losses, liabilities, damage, costs and/or expenses the Employer may suffer or incur in the event:- (a) that the rights granted by the Consultant pursuant to this clause are at any time determined by a court of law or advised by leading counsel to be invalid, ineffective or impaired in any way; and/or (b) in the event of any claim or proceedings by any third party (whether upheld or not) that the exercise of the rights granted by the Consultant pursuant to this clause infringe the rights of such third party. 10.4 The Consultant shall ensure the back-up and storage in safe custody of the Documents in accordance with good industry practice. 10.5 The Consultant shall supply copies of any Documents to the Employer within 7 days of any reasonable request by the Employer and the Employer shall pay the Consultant’s reasonable copying charges for such copies. 10.6 The Consultant shall not disclose (save where required in the proper course of his duties to the Consultant’s professional advisers or as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority) or otherwise make use of any confidential information which the Consultant has or may come into possession of relating to this Project and this restriction shall continue to apply without limitation in point of time unless and until such information comes properly into the public domain through no fault of the Consultant.

COPYRIGHT AND CONFIDENTIALITY. 10.1 Copyright All design rights and property copyright in all technical information or other material provided to the Documents prepared Consultant in respect of the Project and all amendments and additions thereto and any works designs or inventions shall remain confidential in accordance with the requirements and obligations of the Building Contract and Project Agreement. 10.2 All design rights and copyright in all technical information or other materials provided or to be prepared provided by the Consultant in respect of the Project and all amendments and additions thereto (whether in existence or on behalf yet to be made) and any works designs or inventions of the Consultant incorporated or his sub- consultants referred to therein (“the Documents”) shall remain vested in the Consultant or his sub-consultants, as but the case may be. The Consultant hereby grants with full title guarantee to the Employer Authority and the Project Company an irrevocable, irrevocable non-exclusive and royalty-freefree licence to use, nonreproduce and modify the Documents for all purposes relating to the Project including (without limitation) the construction completion reconstruction modification alteration maintenance reinstatement repair use letting sale promotion and advertisement thereof with the right without the consent of the Consultant to assign the licence or grant a sub-exclusive, non-terminable 1. The licence to any person whatsoever provided that the Consultant shall not be liable for any such use of any of by the Documents Authority and/or the Project Company for any purpose purposes other than that for which the Documents same were prepared or provided by the Consultant. 10.2 The 10.3 Without prejudice to any of its obligations under this Appointment the Consultant hereby undertakes that it will not assert against shall upon the Employer or any sub-licensee written request of the Employer any right which Authority and/or the Consultant may have Project Company (but subject to be identified as author reimbursement of any the Consultant’s reasonable photocopying charges) provide to the Authority and/or the Project Company copies of the Documents and such other information in relation to the Project as the Consultant hereby waives any moral rights it has in the Documents (and if any of the Documents are prepared by any employee, agent or sub-consultant of the Consultant, the Consultant shall obtain a waiver and release of any moral rights in the Documents from such employee) and consents to acts or omissions of the Employer which would without such waiver constitute a breach or infringement of such moral rights. 10.3 The Consultant shall be liable for and shall indemnify the Employer against any and all legally enforceable and can reasonably mitigated claims, proceedings, losses, liabilities, damage, costs and/or expenses the Employer may suffer or incur in the event:- (a) that the rights granted by the Consultant pursuant to this clause are at any time determined by a court of law or advised by leading counsel to be invalid, ineffective or impaired in any way; and/or (b) in the event of any claim or proceedings by any third party (whether upheld or not) that the exercise of the rights granted by the Consultant pursuant to this clause infringe the rights of such third partysupply. 10.4 The Consultant shall ensure the back-up and storage in safe custody treat all of the Documents in accordance with good industry practice. 10.5 The Consultant shall supply copies of any Documents and other materials relating to the Employer within 7 days of any reasonable request Project whether produced by the Employer and the Employer shall pay the Consultant’s reasonable copying charges for such copies. 10.6 The Consultant shall or not disclose (with confidentiality save where required in the proper course of his duties to the Consultant’s professional advisers or as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority) or otherwise make use of any confidential information which the Consultant has or may come into possession obtained the express written consent of relating the Authority and the Project Company to this Project and this restriction shall continue to apply without limitation in point of time unless and until pass such information comes properly to a third party or where the information has passed into the public domain through no fault of the Consultant. 10.5 The Consultant will not without the Authority’s and the Project Company’s prior written approval take or permit to be taken any photographs of the Project for use in any publicity or advertising or publish alone or in conjunction with any other person any articles photographs or other illustrations relating to the Project nor impart to any publication journal or newspaper or any radio or television programme any information regarding the Project. The Consultant shall be entitled to take and keep records and photographs of the work in progress for its own use subject to the confidentiality requirements in clause 10.4. 10.6 The Consultant will keep confidential and not disclose to any person or use any confidential information or any technical operational administrative business information relating to the Authority and/or the Project Company, the Project or otherwise without the Authority’s and/or the Project Company’s prior written authority (depending on which party to which the information relates. For the avoidance of doubt, information relating to the Project will require both the Authority's and the Project Company's prior written consent). This restriction shall continue to apply after the termination of this Appointment.

COPYRIGHT AND CONFIDENTIALITY. 10.1 12.1 Copyright and property in the Documents prepared or to be prepared by or on behalf of the Consultant or his sub- consultants Material shall remain vested in the Consultant or his sub-consultantsExhibition Designer, as but the case may be. The Consultant Exhibition Designer hereby grants with full title guarantee to the Employer Client an irrevocable, royalty-free, non-exclusiveexclusive licence to copy and use the Material and to reproduce the designs contained in it for any purpose whatsoever relating to the Exhibition or for any further building which the Client wishes to execute at the Site or other venues including, nonbut without limitation, the construction, completion, reconstruction, reinstatement, modification, extension, maintenance, repair, letting, sale, advertisement or use of the Exhibition . Such licence shall be capable of sub-terminable 1licence and transfer by the Client. The Consultant Exhibition Designer shall not be liable to the Client or any sub licensee or transferee, for any use of any of the Documents Material for any purpose other than that for which the Documents were same was prepared or provided by the ConsultantExhibition Designer. 10.2 12.2 The Consultant hereby undertakes Exhibition Designer agrees and undertakes: (a) that it he will not assert against the Employer Client or any sub-licensee other person, who with the permission of the Employer Client publishes commercially, exhibits in public, films, broadcasts, includes in a cable programme service, photographs or otherwise copies or deals with any image of the Exhibition or any document, drawing or model prepared by the Exhibition Designer in connection with the Exhibition any right which the Consultant Exhibition Designer may have to be identified as author of the same (or any the Documents and the Consultant hereby waives any moral rights it has in the Documents (and if any part thereof) or such document, drawing or model pursuant to Section 77 of the Documents are prepared by Copyright, Designs and Patents Act 1988 ("the 1988 Act") or any employee, agent or sub-consultant of other legislation which may supplement the Consultant, the Consultant shall obtain a waiver and release of any moral rights in the Documents from such employee) and consents to acts or omissions of the Employer which would without such waiver constitute a breach or infringement of such moral rights. 10.3 The Consultant shall be liable for and shall indemnify the Employer against any and all legally enforceable and reasonably mitigated claims, proceedings, losses, liabilities, damage, costs and/or expenses the Employer may suffer or incur in the event:- (a) that the rights granted by the Consultant pursuant to this clause are at any time determined by a court of law or advised by leading counsel to be invalid, ineffective or impaired in any way; and/or1988 Act; (b) that he hereby waives any rights he may have pursuant to Section 80 of the 1988 Act or any legislation which may supplement the 1988 Act; (c) that he shall obtain a written waiver of all rights any of his employees, agents or sub- consultants from time to time may have under or pursuant to Chapter IV of the 1988 Act in relation to the event Exhibition or any part thereof of any claim document, drawing or proceedings by model prepared in connection therewith. 12.3 The Contractor shall keep confidential all information connected with the business of the V&A or which comes to the Contractor’s knowledge under or as a result of the Contract and shall not disclose it to any third party (whether upheld or not) that the exercise use it other than for performance of the rights granted by Services except with the Consultant pursuant to this clause infringe the rights of such third party. 10.4 The Consultant shall ensure the back-up and storage in safe custody prior written agreement of the Documents in accordance with good industry practice. 10.5 V&A; or by requirement of law. The Consultant shall supply copies provisions of any Documents to the Employer within 7 days of any reasonable request by the Employer and the Employer shall pay the Consultant’s reasonable copying charges for such copies. 10.6 The Consultant Clause 12.3 shall not disclose (save where required in the proper course of his duties apply to the Consultant’s professional advisers or as may be required by law, to a court of competent jurisdiction or any governmental or regulatory authority) or otherwise make use of any confidential information which the Consultant has or may come into possession of relating to this Project and this restriction shall continue to apply without limitation in point of time unless and until such information comes properly into if it is in the public domain through no fault otherwise than by failure of the ConsultantContractor to comply with Clause 12.3; or in the possession of the Contractor before these confidentiality obligations came into effect; or obtained from a third party who is free to disclose the same.